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6465 ORDINANCE NO. 6 4 6 5 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTERS 18.08 (COMMERCIAL ZONES), AND 18.38 (SUPPLEMENTAL USE REGULATIONS) OF TITLE 18 (ZONING) OF THE ANAHEIM MUNICIPAL CODE TO FACILITATE THE CONVERSION OF EXISTING MOTEL AND OTHER COMMERCIAL AND OFFICE STRUCTURES TO ALLOW MULTIPLE-FAMILY, TRANSITIONAL AND SUPPORTIVE HOUSING FOR LOW-INCOME PERSONS AND FINDING AND DETERMINING THAT THIS ORDINANCE IS EXEMPT FROM THE REQUIREMENTS TO PREPARE ADDITIONAL ENVIRONMENTAL DOCUMENTATION PER CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES, SECTION 15301(CLASS 1; EXISTING FACILITIES). (ZONING CODE AMENDMENT NO. 2019-00160) (DEV2019-00031) WHEREAS, in June 2017, the City Council of the City of Anaheim ("City Council") established the Homeless Policy Working Group for the purpose of developing and recommending a policy framework to address homelessness in Anaheim; and WHEREAS, in January 2018, the City Council adopted Resolution No. 2018-009 thereby approving the recommendations of the Homeless Policy Working Group to consider regulatory amendments to the City's Zoning Code to increase the supply of affordable housing and the development of a variety of housing product-types for all income levels including,but not limited to, Transitional and Supportive Housing as those terms are defined under the California Health and Safety Code and the City's Zoning Code; and WHEREAS, transitional housing consists of rental housing units that are affordable to a lower income household and that operate under program requirements that call for termination of affordability assistance and recirculation of an assisted unit to another eligible recipient and some predetermined future point in time, which shall be no less than six months; and WHEREAS, supportive housing combines affordable housing with intensive coordinated services to help homeless individuals and families and persons with disabilities maintain stable housing and receive appropriate health care; and WHEREAS, in August 2018, the Council adopted Resolution No. 2018-106 thereby approving an Affordable Housing Policy affirming that affordable housing is a priority in the City of Anaheim in response to the housing affordability crisis. The Affordable Housing Policy encourages dialogue between City and all developers of upcoming rental and for-sale housing proposed in Anaheim to consider options and approaches for addressing the City's affordable housing needs,as set forth in the Housing Element of the City's General Plan,and other documents that guide the City's affordable housing goals. The City Council also adopted an Affordable Housing Action Plan in conjunction with the Affordable Housing Policy, which includes regulatory relief to increase the supply of affordable housing. One of the Plan's action items recommends that staff analyze and process amendments to the City's Zoning Code to allow the development of all housing product-types, including creative housing solutions for all income levels; and WHEREAS, the Association of California Cities— Orange County (ACC-OC) has called upon Orange County's 34 cities to develop a countywide plan to build and fund 2,700 Supportive Housing units, which would provide enough units to house the County's estimated homeless population. To achieve the goal of 2,700 units, ACC-OC allocated every city in Orange County a target number of units based on each city's total resident population. Anaheim received an allocation of 303 units (the "ACC-OC allocation"), the highest of any city since it is the largest city in the County; and WHEREAS, pursuant to the City's police power, as granted broadly under Article XI, Section 7 of the California Constitution,the City Council of the City of Anaheim("City Council") has the authority to enact and enforce ordinances and regulations for the public peace,morals and welfare of the City of Anaheim (the "City") and its residents; and WHEREAS, the City of Anaheim desires to amend the Zoning Code to facilitate, for a certain limited duration of time,the conversion of existing motel and other commercial and office structures in certain specified zones of the City to allow Multiple-Family, Transitional and Supportive Housing for low-income persons subject to certain development and performance standards; and WHEREAS, the City Council desires that the provisions of this Ordinance that allow the conversion of existing motel and other commercial and office structures shall become inoperative, null and void three (3) years from the date of adoption of this Ordinance or upon satisfaction of the ACC-OC allocation, whichever occurs first; and WHEREAS, the City Council determines that this ordinance is a matter of citywide importance and necessary for the preservation and protection of the public peace, health, safety and/or welfare of the community and is a valid exercise of the local police power and in accord with the public purposes and provisions of applicable State and local laws and requirements; and WHEREAS,pursuant to the California Environmental Quality Act(Public Resources Code Section 21000 et seq.; herein referred to as "CEQA") and the State of California Guidelines for Implementation of the California Environmental Quality Act(commencing with Section 15000 of Title 14 of the California Code of Regulations;herein referred to as the"State CEQA Guidelines"), the City is the "lead agency" for the preparation and consideration of environmental documents for this ordinance; and WHEREAS,the City Council finds and determines that this ordinance is exempt from the requirements to prepare additional environmental documentation pursuant to CEQA Guidelines Section 15301 (Class 1; Existing Facilities), which applies to the operation, repair, maintenance, permitting,leasing,licensing,or minor alteration of existing structures and facilities and involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The proposed Code amendment meets these criteria and there are no unusual 2 circumstances in respect to the proposed project for which staff would anticipate a significant effect on the environment.Additionally,future conversions of existing motel,commercial or office structures, to Multiple Family, Transitional and Supportive Housing for low-income persons,will be subject to subsequent CEQA review at the time that the approval body, typically the Planning Commission, considers its approval of the CUP for the proposed project. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Table 8-A (Primary-Uses: Commercial Zone) of Chapter 18.08 (Commercial Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: P=Permitted by Right C=Conditional Use Permit Required Table 8-A M=Minor Conditional Use Permit PRIMARY USES: COMMERCIAL ZONES Required N=Prohibited T=Telecommunications Antenna Review Permit Required C- NC C-R C-G O-L O-H Special Provisions Residential Classes of Uses Dwellings-Multiple Dwellings-Multiple Family Family N N C N N subject to 18.38.215 Mobile Home Parks N N C N N Senior Citizens' Senior Citizens'Apartment Housing C C C N N projects subject to Chapter 18.50 Supportive Housing N N C N N Supportive Housing subject to 18.38.215 Transitional Housing N N C N N Transitional Housing subject to 18.38.215 Non-Residential Classes of Uses Subject to § 18.38.025. Alcoholic BeverageN P/C PC N N Buildings larger than 6,000 Manufacturing square feet are subject to a Conditional Use Permit. Alcoholic Beverage P/C P/C P C P/C P/C Conditional use permit not Sales—Off-Sale required if use is in 3 conjunction with Markets- Large. In 0-L and 0-H Zones, must be clearly accessory to and integrated with an office building Permitted with minor Alcoholic Beverage M C M/C M/C M/C M/C conditional use permit if Sales-On-Sale accessory to a primary restaurant use Ambulance Services N C C N N Permitted without a conditional use permit when Animal Boarding PC PC PC P/C P/C conducted entirely indoors subject to § 18.38.270; otherwise a Conditional Use Permit is required. Animal Grooming P P P P P Permitted without a conditional use permit if Antennas- designed similar to stealth Broadcasting PC PC PC PC P/C telecommunications facility as defined in § 18.38.060.030.0312 Antennas- Telecommunications- Subject to § 18.38.060 and Stealth Building- T l T l T § 18.62.020 Mounted Antennas- Telecommunications- T I I T T Subject to § 18.38.060 Stealth Ground- Mounted Antennas- Telecommunications N N N N N Ground-Mounted (Non-Stealth) Automatic Teller Machines P P P P P Subject to § 18.36.040 (ATM's) Automotive-Vehicle Sales, Lease& N N C N N Subject to § 18.38.200 Rental 4 Automotive—Sales Agency N N C C C Subject to § 18.38.065 Office (Retail) Subject to §§ 18.16.055 and 18.38.065. Minor conditional use permit required for on-site storage, Automotive—Sales P/M/ P/M/ P/M/ P/M/ display or parking of one or Agency Office P/M/C C C C C two vehicles being held as (Wholesale) inventory. Conditional use permit required for on-site storage, display or parking of three or more vehicles being held as inventory Automotive—Public M M M NI Parking Automotive—Parts I, P P N N Sales Automotive—Repair &Modification: C: C C N N Major Automotive—Repair &Modification: M NI N4 N N Minor Permitted for up to one year by minor conditional use permit, with optional one Automotive—Vehicle C M/C M/C M/C M/C year extensions to permit the Storage use for up to five years; conditional use permit required to permit the use for over five years. Automotive—Service C C C C C Subject to § 18.38.070 Stations In O-L and O-H Zones,must Automotive— N C C C C be accessory to an Washing Automotive—Service Station use Banquet Halls C C C C C In 0-L and O-H Zones,must Bars &Nightclubs C C C C C be accessory to and integrated with an office building 5 Bed &Breakfast Inns C C C C C Subject to § 18.38.080 Billboards N N N N N Boat&RV Sales N N C N N Subject to § 18.38.200 Business & Financial P P P P P Services Cemeteries N N C N N Commercial Retail Subject to § 18.38.115; Centers P/C P/C P/C N N otherwise a Conditional Use Permit is required. Community& In O-H Zone, must be clearly Religious Assembly C C C C C accessory to and integrated with an office building Computer Internet& N N N N N Amusement Facilities Convalescent&Rest C C C N N Homes Subject to § 18.38.110; otherwise a Conditional Use Permit is required. In 0-L Convenience Stores PC PC PC P C P/C and O-H Zones,must be clearly accessory to and integrated with an office building. Dance &Fitness In O-H Zone,must be clearly Studios—Large N P P P P accessory to and integrated with an office building In O-H Zone,must be clearly Dance &Fitness accessory to and integrated Studios—Small P with an office building, otherwise requires a conditional use permit Permitted without Conditional Use Permit if Day Care Centers C C C P C P/C tenant within a multi- tenant office building as an accessory use to serve office tenants Permitted without a Drive-Through C C C conditional use permit as an Facilities accessory use if in conjunction with Business 6 and Financial Services as the primary use Educational Institutions with ten students Institutions—Business PM P/M P/M P/M P/M or less do not require a conditional use permit Educational C C C Institutions—General Educational P P P P P Subject to § 18.36.040.050 Institutions—Tutoring In 0-L and 0-H Zones,must Entertainment Venue C C C C C be clearly accessory to and integrated with an office building Permitted if equipment is Equipment Rental— completely screened from Large P C P/C P/C N N view. Conditional Use Permit required if equipment cannot be screened. In 0-H and 0-L Zones,must be clearly accessory to and Equipment Rental— P C PC P/C PC P/C integrated with an office Small building. Conditional Use Permit required if conducted outdoors. Group Care Facilities C C C C C Subject to § 18.36.040.070 Helipads N N C N N Allowed only in conjunction with a hospital Hospitals N N C C C Hotels &Motels N C C N N Markets—Large P P P N N Subject to § 18.38.155, Markets—Small P C P/C P/C C C otherwise a Conditional Use Permit is required. Medical & Dental P P P p P Offices Mortuaries N N P N N Offices P P P P P Laundromats are subject to Personal Services— § 18.38.150; otherwise a General PC PC PC P/C P/C Conditional Use Permit is required. In O-L and 0-H 7 Zones, must be clearly accessory to and integrated with an office building. Massage subject to § 18.16.070. In 0-L and O-H Zones,must Personal Services— be clearly accessory to and Restricted C (' C C integrated with an office building Subject to §§ 18.38.190, 18.38.200and Plant Nurseries N P/C P'C N N 18.38.205; otherwise a Conditional Use Permit is required. Public Services C C P C C In 0-L and O-H Zones,must be clearly accessory to and integrated with an office building. Facilities with Recreation—Billiards P C P/C P P'C P/C alcohol consumption require a Conditional Use Permit. Subject to § 18.38.085, otherwise a Conditional Use Permit is required. In 0-L and O-H Zones,must Recreation— be clearly accessory to and Commercial Indoor C C C integrated with an office building Recreation— C C C C C Commercial Outdoor In O-L and O-H Zones,must Recreation—Low- be clearly accessory to and Impact integrated with an office building Permitted without Recreation— P/C Pi C P'C P/C P/C Conditional Use Permit Swimming&Tennis when conducted completely indoors Repair Services— P N P N N General Repair Services— In O-L and 0-H Zones,must Limited P P P C C be clearly accessory to and 8 integrated with an office building Research& N P P P P Development Restaurants—Full P P P C Service Restaurants—General P P P C C Restaurants—Outdoor P P P P P Subject to § 18.38.220 Dining Retail Sales—General P P P P P Retail Sales—Kiosks M M M Ni M Retail Sales—Outdoor C C C N N Subject to § 18.38.190 and § 18.38.200 Retail Sales—Used P P P N N Merchandise Room&Board N N C N N Self-Storage N N C N N Subject to City Council Policy No. 7.2 Sex-Oriented N N P N N Subject to Chapter 18.54 Businesses Subject to § 18.16.080; Smoking Lounge P/C' PiC PiC N N otherwise a Conditional Use Permit is required. Permitted without a Studios—Broadcasting P/C' P C P/C P/C P/C Conditional Use Permit if there is no live audience. In O-L and 0-H Zones,must Studios—Recording N N P C C be clearly accessory to and integrated with an office building Transit Facilities C C' C C' C Utilities—Major C C C N C Pay phones are permitted by right in all zones if located Utilities—Minor P P P P p on the interior of a building or attached to the exterior within 10 feet of the main building's entrance 9 Subject to § 18.38.270; Veterinary Services P/C P'C P C N N otherwise a Conditional Use Permit is required. Wholesaling N ( N, N Shall be accessory to a Retail Sales use Wine Bars C C C C C SECTION 2. That Section 18.38.125 (Residential Use of Motels, Commercial and Office Structures)be added to Chapter 18.38 (Supplemental Use Regulations)of Title 18 (Zoning)of the Anaheim Municipal Code to read in full as follows: 18.38.215 RESIDENTIAL USE OF MOTELS, COMMERCIAL AND OFFICE STRUCTURES .010 Purpose. The purpose of this Section is to facilitate the conversion of existing motels, and other commercial and office structures, to Supportive, Transitional and Multiple-Family Housing for low-income persons, for a defined period of time or until a maximum unit threshold is achieved,by establishing the regulatory framework to achieve a high level of livability for residents and ensure compatibility with surrounding uses in support of City Council policies to develop a continuum of care that assists individuals in transitioning from homelessness and Emergency Shelters to Transitional and Supportive Housing. .020 Sunset Provisions. The following sunset provisions shall apply to all applications subject to this section. .0201 Expiration. The provisions of this Section 18.38.215 shall be inoperative, null and void three(3) years from the effective date of this Section or upon satisfaction of the maximum number of units dedicated to conversions of structures for residential use as Supportive Housing as prescribed in 18.38.215.040 below, whichever occurs first. The City Council shall have the authority to grant extensions to the expiration date. .0202 Exceptions. Applications submitted prior to the expiration date of this section and that have not been given a public hearing prior to the expiration date shall be allowed be processed in accordance with this section. This exception shall not apply if the maximum number of dedicated to conversions for residential use as Supportive Housing, as prescribed in 18.38.215.040 below, is satisfied prior to the expiration date. .030 Permitted Zone. The conversion of a structure to a residential use shall only be allowed within the "C-G" General Commercial Zone, subject to the granting of a conditional use permit. .040 Maximum number of Supportive Housing units. Implementation of this Section 18.38.215 shall be limited to a maximum of three-hundred and three(303) Supportive Housing units citywide. .0401 Location and Distribution. The location and distribution of the Supportive Housing units shall be determined on a project-by-project basis by the City Council through a 10 memorandum of understanding between the applicant and the City to ensure the equitable and appropriate distribution of units throughout the city in relation to other forms of Transitional Housing, Supportive Housing, Emergency Shelters and services offered to the intended target population of this Section 18.38.215. The applicant shall enter into the memorandum of understanding with the City prior to the Planning Commission's review of the conditional use permit application. .0402 Exceptions. If the City receives an application that brings the total number of Supportive Housing Units from a number below the maximum of three-hundred and three(303) Supportive Housing units citywide to a number of units above this threshold, that application will be considered for the full number of units proposed, subject to approval of the memorandum of understanding by the City Council and a conditional use permit by the Planning Commission. .050 Residential Density. The conversion of a structure to a residential use shall not be subject to any other otherwise applicable General Plan or zoning density requirements. .0501 Minimum and Maximum Density. In lieu of dwelling units per acre, a minimum of seven(7)residents and a maximum of one hundred(100)residents per acre shall be allowed. .0502 Minimum Number of Units. The conversion of a structure to a residential use shall include a minimum of thirty(30)residential units on-site. .060 Procedure. The approval process for the conversion of a conversion of an existing motel, and other commercial and office structures, to Supportive, Transitional and Multiple-Family Housing for low-income persons shall be processed as follows: .0601 Conditional Use Permit. Conversion of existing motels, and other commercial and office structures, to Supportive, Transitional and Multiple-Family Housing for low-income persons shall be subject to the approval of a conditional use permit consistent with Chapter 18.66 (Conditional Use Permits). In addition to the required findings pursuant to Chapter 18.66 (Conditional Use Permits), the Planning Commission, or City Council on appeal, shall make a finding of fact,by resolution that: .01 The evidence presented shows that a request for residential conversion in accordance with this section meets all of the provisions of this section and achieves a high level of livability for residents and ensures compatibility with surrounding uses in support of City Council policies to address homelessness and find creative housing solutions. .02 At a minimum, the conversion must demonstrate the living units are of sufficient size and design to provide a quality living environment, and the project includes common recreation and community facilities such as,but not limited to, community rooms, community gardens, facilities for pets,barbeque areas, and active and passive recreation areas. .03 The evidence presented shows that the project site is reasonably accessible to necessary services, including grocery stores (ideally within one mile), transit stops (ideally within half mile), and medical facilities(ideally within one mile). 11 .0602 Additional Approvals Required. The following shall be approved in substantial form concurrent with approval of the conditional use permit. Minor modifications may be approved administratively if they are deemed to be in substantial conformance: .01 Affordability Covenant pursuant to subsection 18.38.215.100. .02 Wrap Around Services Plan pursuant to subsection 18.38.215.110. .03 Marketing and Tenant Selection Plan pursuant to subsection 18.38.215.130. .04 Exterior Lighting Plan pursuant to subsection 18.38.215.160. .05 Facility Management Plan pursuant to subsection 18.38.215.170. .06 Parking Management Plan pursuant to subsection 18.38.215.180. .07 Communications Plan pursuant to subsection 18.38.190. .0603 Design Review. Applicants of proposed conversions for residential uses shall submit plans to the Planning and Building Department and Community and Economic Development Department for design review prior to Planning Commission review of a conditional use permit for the project. .0604 Housing Authority Agreement. To ensure proper development and operation of Supportive Housing units in accordance with the purpose and intent of this section, all applicants of proposed residential conversions projects pursuant to this section shall enter into a written agreement with the City of Anaheim Housing Authority acknowledging the requirements of this section. A draft agreement in substantial form shall be required prior to approval of a conditional use permit. .01 Both Departments will review project design, and seek to ensure compatibility of the conversion project to the existing neighborhood scale and character, and a high level of livability for residents, consistent with the General Plan Community Design Element and the City of Anaheim Affordable Housing Development Residential Design Guidelines. .02 Both Departments will make a recommendation regarding project design to the Planning Commission, for consideration in connection with the Commission's decision on the conditional use permit. .070 Supportive Housing Units. As a condition of the approval of any conditional use permit to allow conversions of hotels, and other commercial and office structures, for residential uses, and prior to issuance of building permits for projects, the property owner(s) shall agree to the following: .0701 Small Projects. For projects with seventy(70) total units or less, the number of units dedicated as Supportive Housing(as defined in subdivision(b) of Section 50675.14 of the Health and Safety Code) shall be fifty percent(50%) or more of the total units and offered to persons with incomes of up to sixty percent(60%)of area median income. 12 .0702 Large Projects. For projects with more than seventy(70)total units, the number of units dedicated as Supportive Housing(as defined in subdivision(b) of Section 50675.14 of the Health and Safety Code) shall be established and approved by the Community and Economic Development Department. .0703 Affordability Mix. The affordability targeting/mix for all projects shall be dictated by the affordable housing funding program requirements and approved by the Community and Economic Development Department pursuant to a written agreement and the affordability covenants required in subsection 18.38.215.100. .01 The term"Extremely Low Income Households," as used in this section shall mean households having an income not exceeding thirty percent(30%)of the median family income, adjusted for family size. .02 The term"Very Low Income Households," as used in this section shall mean households having an income not exceeding fifty percent(50%) of the median family income, adjusted for family size. .03 The term "Low Income Households," as used in this section shall mean households having an income not exceeding sixty percent(60%) of the median family income, adjusted for family size. .080 Transitional Housing and Multiple-Family Housing. Conversions of motel, office and commercial structures to Transitional Housing and Multiple-Family Housing shall only be allowed when in conjunction with Supportive Housing in accordance Section 18.38.215.070. Projects with only Transitional Housing and/or Multiple-Family Housing without Supportive Housing shall be prohibited. .090 Maximum Rents. Affordable maximum rents shall be determined by the applicable affordable housing funding programs. To the extent of an inconsistency between or among the funding programs relating to affordable rent and other covenants or agreements applicable to the Project,the most restrictive covenants or agreement regarding the affordable rent for the housing units in the project shall prevail. .100 Affordability Covenants. The property owner(s) shall be required to execute and record affordability covenants with the City of Anaheim, agreeing to the requirements of this section. The covenants shall be acceptable to, and approved by, the Community and Economic Development Department and the City Attorney's Office, and shall include,but need not be limited to, the following provisions: .1001 Identification of the affordable units. .1002 The initial rent for each unit. .1003 The method of calculating periodic rental increases. .1004 A minimum term of thirty(30) years on the control of rent for the housing units or other specified term as may be required as a result of project funding. 13 .1005 The right of the Community and Economic Development Department to supply, or otherwise approve,the qualifications of the low income households who will rent the housing units. .1006 Any density bonus for which a developer may otherwise apply pursuant to Section 65915 of the California Government Code shall not be pursued in combination with the provisions of Section 18.38.215. .110 Wrap-Around Supportive Services Plan. Any proposal for conversion of a structure to a residential use shall be required to ensure appropriate on-site provisions of Wrap-Around Supportive Services (as defined in 18.38.100.1001) for the residents. The plan shall be acceptable to, and approved by, the Community and Economic Development Department. .1101 The term"Wrap-Around Supportive Services" shall mean a holistic program of support services provided as an ancillary use to Transitional and Supportive Housing to stabilize an individual or a family. The services can be provided in a collaborative manner by a number of organizations and commonly include services related to mental health, counseling, medical care, drug rehabilitation,parenting,budgeting and life skills, and educational and job training. .1102 A minimum caseload of one(1) full-time employee per twenty(20)residents shall be provided. .1103 Supervision by case managers shall be detailed as part of the project's operations plan and subject to the approval of the Community and Economic Development Department. .1104 The standards are a minimum level of services and additional hours of service and enhanced levels of service are encouraged beyond these requirements. .120 Anaheim Preference. Offering and maintaining an Anaheim preference is a priority for the City. The following provisions shall apply to projects for conversion to residential uses under Section 18.38.215: .1201 At a minimum, for the purposes of admissions into an affordable unit within a conversion project, an Anaheim preference shall apply to the greater of a proportionate share of housing units at the site when there is a combination of funding sources, such as County sponsored funds. .1202 When Anaheim funding is the only or primary source of gap funding, a live/work preference shall apply to all assisted units. An applicant may qualify for an Anaheim preference if they live or work in Anaheim at the time of application. .1203 For applicants who are homeless at the time of application, an Anaheim preference may be granted if the applicant can demonstrate a connection to Anaheim as outlined in admissions guidelines established for the Anaheim Housing Choice Voucher(HCV) Program. .1204 For the purposes of this section, the application process begins upon receipt of a referral to an open unit, which includes an imminent opening at the property that an applicant is 14 considering. An applicant must be able to demonstrate an Anaheim connection in order to be eligible for a preference at the time of referral. .1205 The Anaheim preference shall be memorialized as part of the Affordability Covenant pursuant to section 18.3 8.215.100. .130 Marketing and Tenant Selection Plan. Applicants shall comply with an affirmative marketing plan approved by Community and Economic Development Department. The marketing plan shall include the following: .1301 Methods for informing the public and potential tenants about the federal fair housing laws. .1302 Procedures to inform and solicit applications from persons in the housing market area not likely to apply for tenancy at the housing units without special outreach. .1303 Recordkeeping methods that will permit the Community and Economic Development Department to evaluate the actions taken by the Property Manager to affirmatively market the housing units at the project. .1304 Specific procedures for marketing and releasing housing units shall be approved by the Community and Economic Development Department. .140 Occupancy Limits. The maximum occupancy of the housing units in a project shall conform to the following provisions: .1401 For studio units, the maximum occupancy shall not exceed one(1)person. .1402 For one (1)bedroom units, the maximum occupancy shall not exceed three (3) persons. .1403 If needed, as a reasonable accommodation and subject to on-site management approval, one additional person may be allowed to be part of the household. The conditions for such expectations shall be further defined in the property's Marketing and Tenant Selection plan required by subsection 18.125.215.130. .150 Development Standards:The conversion of a structure to a residential use shall comply with the development standards in Table 38-A. Table 38-A: Development Standards Minimum Floor Area Studio units: 275 square feet One-bedroom units: 400 square feet Minimum Size of 200 square feet for each dwelling unit including indoor and Recreational-Leisure Areas outdoor common areas; a common kitchen/dining area shall be included as part of this requirement Storage Areas General storage cabinets with a minimum size of 100 cubic feet capacity shall be required for each dwelling unit, and may 15 be provided adjacent to private recreational-leisure areas or located in close proximity to the unit Requires Parking Demand Study pursuant to paragraph Parking and Loading 18.42.040.010.0108 and a Parking Management Plan pursuant to subsection 18.38.215.180 .1501 Development standards related to the existing lots and building footprints, including lot width, structural setbacks, structural height, site coverage, and lot area, shall not apply. .1502 With the exception of 18.38.215.150.1501 and Table 38-A, all other development standards of the"C-G" General Commercial Zone shall apply. .1503 Applicants of conversion projects for existing structures shall not be required to bring said structures into conformance with the Zoning Code. New construction associated with a conversion projects shall be required to meet all applicable development standards of the "C- G" General Commercial Zone. .160 Exterior Lighting Plan. An exterior lighting plan shall be provided for the entire outdoor area of the site and shall be subject to review and approval by the Planning and Building and Police Departments. .170 Facility Management Plan. A facility management plan shall be submitted for review and approval by the Planning and Building Director, Community and Economic Development Director and Police Chief, or their designee,prior to the operation of the residential use. The management plan may be required to address additional specific needs and shall remain active throughout the life of the use. The management plan shall include, at a minimum, the following: .1701 A detailed plan and strategy for the long term operation,maintenance,repair, security, social/supportive services, marketing of the project, method of selection of tenants, rules and regulations for tenants, and other rental and operational policies for the project. .1702 Measures regarding off-site controls to minimize the congregation of clients in the vicinity of the use. .1703 A system for monitoring of outdoor areas to minimize disruption to nearby land uses. .1704 A required on-site manager along with a detailed description of the manager's duties and responsibilities to ensure the proper and orderly operation of the facility in a manner that serves the needs of residents, staff, and service providers while minimizing potential impacts on surrounding uses. .180 Parking Management Plan. A parking management plan shall be provided for approval by the Planning and Building Director and shall include the following: .1801 Parking spaces shall be made available for tenants of the housing units, their guests and employees in accordance with the Municipal Code requirements and as stipulated in the approved parking management plan. 16 .1802 The parking management plan shall include a map depicting open and reserved parking spaces, and procedures for removal of inoperable vehicles. .190 Communications Plan. A Communication and Outreach Plan shall be developed, subject to approval by the Community and Economic Development Director,to maintain good communication and response to operational issues which may arise from the neighborhood, City staff, or the general public. SECTION 3. SEVERABILITY. The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be invalid, it is the intent of the City Council that it would have adopted all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one(or more) section, subdivision,paragraph, sentence, clause or phrase had been declared invalid or unconstitutional. SECTION 4. CERTIFICATION The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation,published and circulated in the City of Anaheim. SECTION 5. EFFECTIVE DATE This ordinance shall take effect and be in full force thirty(30)days from and after its final passage. /// /// /// /// /// /// /// /// 17 THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 1 4 t h day of May , 2019, and thereafter passed and adopted at a regular meeting of said City Council held on the 4th day of June , 2019,by the following roll call vote: AYES:Mayor Sidhu and Council Members Kring, Barnes, Brandman, Faessel, and O 'Neil NOES:None ABSENT: Council Member Moreno ABSTAIN:None CITY OF ' NAHEIM BY: AILI _' A • OF THE ' •F ANAHEIM ATTEST: _.....------ #) . CITY CLERK OF THE CITY OF ANAHEIM 132205 LM 18 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6465 introduced at a regular meeting of the City Council of the City of Anaheim, held on the 14th day of May, 2019, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 4th day of June, 2019, by the following vote of the members thereof: AYES: Mayor Sidhu and Council Members Kring, Barnes, Brandman, Faessel, and O'Neil NOES: None ABSENT: Council Members Moreno ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand this 10th of June, 2019. CLERK • THE CITY OF ANAHEIM (SEAL) ATTACHMENT NO. 2 REDLINED TO SHOW REVISIONS TO CURRENT MUNICIPAL CODE ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTERS 18.08 (COMMERCIAL ZONES), AND 18.38 (SUPPLEMENTAL USE REGULATIONS) OF TITLE 18 (ZONING) OF THE ANAHEIM MUNICIPAL CODE TO FACILITATE THE CONVERSION OF EXISTING MOTEL AND OTHER COMMERCIAL AND OFFICE STRUCTURES TO ALLOW MULTIPLE-FAMILY, TRANSITIONAL AND SUPPORTIVE HOUSING FOR LOW-INCOME PERSONS AND FINDING AND DETERMINING THAT THIS ORDINANCE IS EXEMPT FROM THE REQUIREMENTS TO PREPARE ADDITIONAL ENVIRONMENTAL DOCUMENTATION PER CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES, SECTION 15301(CLASS 1; EXISTING FACILITIES). (ZONING CODE AMENDMENT NO. 2019-00160) (DEV2019-00031) WHEREAS, in June 2017, the City Council of the City of Anaheim ("City Council") established the Homeless Policy Working Group for the purpose of developing and recommending a policy framework to address homelessness in Anaheim; and WHEREAS, in January 2018, the City Council adopted Resolution No. 2018-009 thereby approving the recommendations of the Homeless Policy Working Group to consider regulatory amendments to the City's Zoning Code to increase the supply of affordable housing and the development of a variety of housing product-types for all income levels including,but not limited to, Transitional and Supportive Housing as those terms are defined under the California Health and Safety Code and the City's Zoning Code; and WHEREAS, transitional housing consists of rental housing units that are affordable to a lower income household and that operate under program requirements that call for termination of affordability assistance and recirculation of an assisted unit to another eligible recipient and some predetermined future point in time, which shall be no less than six months; and WHEREAS, supportive housing combines affordable housing with intensive coordinated services to help homeless individuals and families and persons with disabilities maintain stable housing and receive appropriate health care; and 1 ATTACHMENT NO. 2 WHEREAS, in August 2018, the Council adopted Resolution No. 2018-106 thereby approving an Affordable Housing Policy affirming that affordable housing is a priority in the City of Anaheim in response to the housing affordability crisis. The Affordable Housing Policy encourages dialogue between City and all developers of upcoming rental and for-sale housing proposed in Anaheim to consider options and approaches for addressing the City's affordable housing needs,as set forth in the Housing Element of the City's General Plan,and other documents that guide the City's affordable housing goals. The City Council also adopted an Affordable Housing Action Plan in conjunction with the Affordable Housing Policy, which includes regulatory relief to increase the supply of affordable housing. One of the Plan's action items recommends that staff analyze and process amendments to the City's Zoning Code to allow the development of all housing product-types, including creative housing solutions for all income levels; and WHEREAS, the Association of California Cities— Orange County (ACC-OC) has called upon Orange County's 34 cities to develop a countywide plan to build and fund 2,700 Supportive Housing units, which would provide enough units to house the County's estimated homeless population. To achieve the goal of 2,700 units, ACC-OC allocated every city in Orange County a target number of units based on each city's total resident population. Anaheim received an allocation of 303 units (the "ACC-OC allocation"), the highest of any city since it is the largest city in the County; and WHEREAS, pursuant to the City's police power, as granted broadly under Article XI, Section 7 of the California Constitution,the City Council of the City of Anaheim("City Council") has the authority to enact and enforce ordinances and regulations for the public peace, morals and welfare of the City of Anaheim (the "City") and its residents; and WHEREAS, the City of Anaheim desires to amend the Zoning Code to facilitate, for a certain limited duration of time, the conversion of existing motel and other commercial and office structures in certain specified zones of the City to allow Multiple-Family, Transitional and Supportive Housing for low-income persons subject to certain development and performance standards; and WHEREAS, the City Council desires that the provisions of this Ordinance that allow the conversion of existing motel and other commercial and office structures shall become inoperative, null and void three (3) years from the date of adoption of this Ordinance or upon satisfaction of the ACC-OC allocation, whichever occurs first; and WHEREAS, the City Council determines that this ordinance is a matter of citywide importance and necessary for the preservation and protection of the public peace, health, safety and/or welfare of the community and is a valid exercise of the local police power and in accord with the public purposes and provisions of applicable State and local laws and requirements; and WHEREAS,pursuant to the California Environmental Quality Act(Public Resources Code Section 21000 et seq.; herein referred to as "CEQA") and the State of California Guidelines for Implementation of the California Environmental Quality Act(commencing with Section 15000 of Title 14 of the California Code of Regulations;herein referred to as the"State CEQA Guidelines"), the City is the "lead agency" for the preparation and consideration of environmental documents for this ordinance; and 2 ATTACHMENT NO. 2 WHEREAS, the City Council finds and determines that this ordinance is exempt from the requirements to prepare additional environmental documentation pursuant to CEQA Guidelines Section 15301 (Class 1; Existing Facilities), which applies to the operation, repair, maintenance, permitting,leasing,licensing,or minor alteration of existing structures and facilities and involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The proposed Code amendment meets these criteria and there are no unusual circumstances in respect to the proposed project for which staff would anticipate a significant effect on the environment.Additionally,future conversions of existing motel,commercial or office structures, to Multiple Family, Transitional and Supportive Housing for low-income persons,will be subject to subsequent CEQA review at the time that the approval body, typically the Planning Commission, considers its approval of the CUP for the proposed project. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Table 8-A (Primary-Uses: Commercial Zone) of Chapter 18.08 (Commercial Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: P=Permitted by Right C=Conditional Use Permit Required Table 8-A M=Minor Conditional Use Permit PRIMARY USES: COMMERCIAL ZONES Required N=Prohibited T=Telecommunications Antenna Review Permit Required C- C- C- O- O-H Special Provisions NC R G L Residential Classes of Uses Dwellings-Multiple Dwellings-Multiple Family Family subject to 18.38.215 Mobile Home Parks N N C N N Senior Citizens' Senior Citizens'Apartment Housing C C C N N projects subject to Chapter 18.50 Supportive Housing Supportive Housing subject to 18.38.215 Transitional Housing Transitional Housing subject to 18.38.215 Non-Residential Classes of Uses ATTACHMENT NO. 2 P=Permitted by Right C=Conditional Use Permit Required Table 8-A M=Minor Conditional Use Permit PRIMARY USES: COMMERCIAL ZONES Required N=Prohibited T=Telecommunications Antenna Review Permit Required C- C- C- O- O-H Special Provisions NC R G L Subject to § 18.38.025. Alcoholic Beverage Buildings larger than 6,000 Manufacturing N P/C P C square feet are subject to a Conditional Use Permit. Conditional use permit not required if use is in Alcoholic Beverage conjunction with Markets— Sales—Off-Sale P/C P/C P/C P,C P/C Large. In 0-L and 0-H Zones, must be clearly accessory to and integrated with an office building Permitted with minor Alcoholic Beverage M! M/ M% conditional use permit if Sales—On-Sale M-C C C C MSC accessory to a primary restaurant use Ambulance Services N CCN N Permitted without a conditional use permit when Animal Boarding P/C P/C P%C P/C P/C conducted entirely indoors subject to § 18.38.270; otherwise a Conditional Use Permit is required. Animal Grooming P PPP P Permitted without a conditional use permit if Antennas—Broadcasting P/C PC PC P/C P/C designed similar to stealth telecommunications facility as defined in § 18.38.060.030.0312 Antennas— Telecommunications- Subject to § 18.38.060 and Stealth Building- T T T T T § 18.62.020 Mounted 4 ATTACHMENT NO. 2 P=Permitted by Right C=Conditional Use Permit Required Table 8-A M=Minor Conditional Use Permit PRIMARY USES: COMMERCIAL ZONES Required N=Prohibited T=Telecommunications Antenna Review Permit Required C- C- C- O- O-H Special Provisions NC R G L Antennas— Telecommunications- T T T T T Subject to § 18.38.060 Stealth Ground- Mounted Antennas— Telecommunications NNNNN Ground-Mounted(Non- Stealth) Automatic Teller Machines P PPP P Subject to § 18.36.040 (ATM's) Automotive—Vehicle N N C' N N Subject to § 18.38.200 Sales, Lease &Rental Automotive—Sales N N CC C Subject to § 18.38.065 Agency Office (Retail) Subject to §§ 18.16.055 and 18.38.065. Minor conditional use permit required for on-site storage, Automotive—Sales P/M/ P/M P/M P/M P/M/ display or parking of one or Agency Office C /C /C /C C two vehicles being held as (Wholesale) inventory. Conditional use permit required for on-site storage, display or parking of three or more vehicles being held as inventory Automotive—Public MMMMM Parking Automotive—Parts Sales P PPNN Automotive—Repair& CCCNN Modification: Major Automotive—Repair& MMMNN Modification: Minor 5 ATTACHMENT NO. 2 P=Permitted by Right C=Conditional Use Permit Required Table 8-A M=Minor Conditional Use Permit PRIMARY USES: COMMERCIAL ZONES Required N=Prohibited T=Telecommunications Antenna Review Permit Required C- C- C- O- O-H Special Provisions NC R G L Permitted for up to one year by minor conditional use permit, ith optional one year Automotive—Vehicle M/C M/ M/ M/ M/C extensions to permit the use for Storage C C C up to five years; conditional use permit required to permit the use for over five years. Automotive—Service C CC C C Subject to § 18.38.070 Stations In 0-L and 0-H Zones,must Automotive—Washing N CCC C be accessory to an Automotive—Service Station use Banquet Halls C CCC C In O-L and 0-H Zones,must Bars &Nightclubs C CCC C be accessory to and integrated with an office building Bed & Breakfast Inns C CCC C Subject to § 18.38.080 Billboards N NNN N Boat &RV Sales N NCN N Subject to § 18.38.200 Business & Financial P P P P P Services Cemeteries N NCN N Subject to § 18.38.115; Commercial Retail P/C P/C P/C N N otherwise a Conditional Use Centers Permit is required. Community&Religious In 0-H Zone, must be clearly Assembly C CC C C accessory to and integrated with an office building Computer Internet& N NNN N Amusement Facilities 6 ATTACHMENT NO. 2 P=Permitted by Right C=Conditional Use Permit Required Table 8-A M=Minor Conditional Use Permit PRIMARY USES: COMMERCIAL ZONES Required N=Prohibited T=Telecommunications Antenna Review Permit Required C- C- C- O- O-H Special Provisions NC R G L Convalescent&Rest C CCN N Homes Subject to § 18.38.110; otherwise a Conditional Use Convenience Stores P/C P/C P/C P/C P/C Permit is required. In O-L and 0-H Zones, must be clearly accessory to and integrated with an office building. Dance &Fitness In 0-H Zone, must be clearly Studios—Large N PPP P accessory to and integrated with an office building In Q-H Zone,must be clearly Dance& Fitness accessory to and integrated Studios—Small P P P P P with an office building, otherwise requires a conditional use permit Permitted without Conditional Use Permit if lintegrated Day Care Centers C C C P C P/C within a multi- tenant office building as an accessory use to serve office tenants Permitted without a Drive-Through conditional use permit as an Facilities C C' C' C C accessory use if in conjunction with Business and Financial Services as the primary use Educational Institutions with ten students Institutions—Business P/M P/M P/M P/M Pi M or less do not require a conditional use permit Educational N C' C C C Institutions—General Educational P P P P P Subject to § 18.36.040.050 Institutions—Tutoring 7 ATTACHMENT NO. 2 P=Permitted by Right C=Conditional Use Permit Required Table 8-A M=Minor Conditional Use Permit PRIMARY USES: COMMERCIAL ZONES Required N=Prohibited T=Telecommunications Antenna Review Permit Required C- C- C- O- O-H Special Provisions NC R G L In O-L and O-H Zones,must Entertainment Venue C C' C C C be clearly accessory to and integrated with an office building Permitted if equipment is Equipment Rental— completely screened from Large P/C P/C P/C N N view. Conditional Use Permit required if equipment cannot be screened. In O-H and 0-L Zones,must be clearly accessory to and Equipment Rental— P/C PC PC PC P/C integrated with an office Small building. Conditional Use Permit required if conducted outdoors. Group Care Facilities CCCCC Subject to § 18.36.040.070 Helipads NNCNN Allowed only in conjunction with a hospital Hospitals NNCCC Hotels &Motels NCCNN Markets—Large PPPNN Subject to § 18.38.155, Markets—Small P/C P/C P/C C C otherwise a Conditional Use Permit is required. Medical &Dental PPPPP Offices Mortuaries NNPNN Offices P PPPP Laundromats are subject to Personal Services— § 18.38.150; otherwise a General P/C P/C' P/C P/C P/C Conditional Use Permit is required. In 0-L and O-H 8 ATTACHMENT NO. 2 P=Permitted by Right C=Conditional Use Permit Required Table 8-A M=Minor Conditional Use Permit PRIMARY USES: COMMERCIAL ZONES Required N=Prohibited T=Telecommunications Antenna Review Permit Required C- C- C- O- O-H Special Provisions NC R G L Zones,must be clearly accessory to and integrated with an office building. Massage subject to § 18.16.070. In O-L and O-H Zones,must Personal Services— be clearly accessory to and Restricted C C C �' C integrated with an office building Subject to §§ 18.38.190, 18.38.200and 18 Plant Nurseries N PiC PC N N .38.205; otherwise a Conditional Use Permit is required. Public Services CCPCC In 0-L and O-H Zones,must be clearly accessory to and integrated with an office building. Facilities with Recreatf644illiards P/C P/C P/C P/C P/C alcohol consumption require a Conditional Use Permit. Subject to § 18.38.085, otherwise a Conditional Use Permit is required. In O-L and O-H Zones,must Recreation—Commercial be clearly accessory to and Indoor C C CC C integrated with an office building Recreation—Commercial CCCCC Outdoor In 0-L and O-H Zones,must Recreation—Low-Impact C CCP P be clearly accessory to and integrated with an office building 9 ATTACHMENT NO. 2 P=Permitted by Right C=Conditional Use Permit Required Table 8-A M=Minor Conditional Use Permit PRIMARY USES: COMMERCIAL ZONES Required N=Prohibited T=Telecommunications Antenna Review Permit Required C- C- C- O- O-H Special Provisions NC R G L Recreation—Swimming Permitted without Conditional &Tennis P/C P/C P/C P/C P/C Use Permit when conducted completely indoors Repair Services— P NPN N General In O-L and 0-H Zones,must Repair Services— be clearly accessory to and Limited P P PC C integrated with an office building Research & N PPP P Development Restaurants—Full p P PC C Service Restaurants—General P P PC C Restaurants—Outdoor P P P P P Subject to § 18.38.220 Dining Retail Sales—General P P P P P Retail Sales—Kiosks M M M M M Retail Sales—Outdoor C CCN N Subject to § 18.38.190 and § 18.38.200 Retail Sales—Used P PN N Merchandise Room&Board N NCN N Self-Storage N NCN N Subject to City Council Policy No. 7.2 Sex-Oriented N NPN N Subject to Chapter 18.54 Businesses Subject to § 18.16.080; Smoking Lounge P/C P/C P/C N N otherwise a Conditional Use Permit is required. 10 ATTACHMENT NO. 2 P=Permitted by Right C=Conditional Use Permit Required Table 8-A M=Minor Conditional Use Permit PRIMARY USES: COMMERCIAL ZONES Required N=Prohibited T=Telecommunications Antenna Review Permit Required C- C- C- O- O-H Special Provisions R NC R G L Permitted without a Studios—Broadcasting P/C P/C P/C P/C P/C Conditional Use Permit if there is no live audience. In O-L and 0-H Zones,must Studios—Recording NNPCC be clearly accessory to and integrated with an office building Transit Facilities C C C C C Utilities—Major CCCNC Pay phones are permitted by right in all zones if located on Utilities—Minor P PPP P the interior of a building or attached to the exterior within 10 feet of the main building's entrance Subject to § 18.38.270; Veterinary Services P/C P%C P C N N otherwise a Conditional Use Permit is required. Wholesaling NCCNN Shall be accessory to a Retail Sales use Wine Bars C CCC C SECTION 2. That Section 18.38.125 (Residential Use of Motels, Commercial and Office Structures)be added to Chapter 18.38 (Supplemental Use Regulations)of Title 18 (Zoning)of the Anaheim Municipal Code to read in full as follows: 18.38.215 RESIDENTIAL USE OF MOTELS, COMMERCIAL AND OFFICE STRUCTURES .010 Purpose. The purpose of this Section is to facilitate the conversion of existing motels, and other commercial and office structures, to Supportive, Transitional and Multiple-Family Housing for low-income persons, for a defined period of time or until a maximum unit threshold is achieved,by establishing the regulatory framework to achieve a high level of livability for residents and ensure compatibility with surrounding uses in support of City Council policies to 11 ATTACHMENT NO. 2 develop a continuum of care that assists individuals in transitioning from homelessness and Emergency Shelters to Transitional and Supportive Housing. .020 Sunset Provisions. The following sunset provisions shall apply to all applications subject to this section. .0201 Expiration. The provisions of this Section 18.38.215 shall be inoperative,null and void three(3) years from the effective date of this Section or upon satisfaction of the maximum number of units dedicated to conversions of structures for residential use as Supportive Housing as prescribed in 18.38.215.040 below, whichever occurs first. The City Council shall have the authority to grant extensions to the expiration date. .0202 Exceptions. Applications submitted prior to the expiration date of this section and that have not been given a public hearingprior to the expiration date shall be allowed be processed in accordance with this section. This exception shall not apply if the maximum number of dedicated to conversions for residential use as Supportive Housing, as prescribed in 18.38.215.040 below, is satisfied prior to the expiration date. .030 Permitted Zone. The conversion of a structure to a residential use shall only be allowed within the "C-G" General Commercial Zone, subject to the granting of a conditional use permit. .040 Maximum number of Supportive Housing units. Implementation of this Section 18.38.215 shall be limited to a maximum of three-hundred and three(303) Supportive Housing units citywide. .0401 Location and Distribution. The location and distribution of the Supportive Housing units shall be determined on a project-by-project basis by the City Council through a memorandum of understanding between the applicant and the City to ensure the equitable and appropriate distribution of units throughout the city in relation to other forms of Transitional Housing, Supportive Housing, Emergency Shelters and services offered to the intended target population of this Section 18.38.215. The applicant shall enter into the memorandum of understanding with the City prior to the Planning Commission's review of the conditional use permit application. .0402 Exceptions. If the City receives an application that brings the total number of Supportive Housing Units from a number below the maximum of three-hundred and three(303) Supportive Housing units citywide to a number of units above this threshold, that application will be considered for the full number of units proposed, subject to approval of the memorandum of understanding by the City Council and a conditional use permit by the Planning Commission. .050 Residential Density. The conversion of a structure to a residential use shall not be subject to any other otherwise applicable General Plan or zoning density requirements. .0501 Minimum and Maximum Density. In lieu of dwelling units per acre, a minimum of seven(7) residents and a maximum of one hundred(100)residents per acre shall be allowed. .0502 Minimum Number of Units. The conversion of a structure to a residential use shall include a minimum of thirty(30)residential units on-site. 12 ATTACHMENT NO. 2 .060 Procedure. The approval process for the conversion of a conversion of an existing motel., and other commercial and office structures, to Supportive, Transitional and Multiple-Family Housing for low-income persons shall be processed as follows: .0601 Conditional Use Permit. Conversion of existing motels, and other commercial and office structures, to Supportive,Transitional and Multiple-Family Housing for low-income persons shall be subject to the approval of a conditional use permit consistent with Chapter 18.66 (Conditional Use Permits). In addition to the required findings pursuant to Chapter 18.66 (Conditional Use Permits), the Planning Commission, or City Council on appeal, shall make a finding of fact,by resolution that: .01 The evidence presented shows that a request for residential conversion in accordance with this section meets all of the provisions of this section and achieves a high level of livability for residents and ensures compatibility with surrounding uses in support of City Council policies to address homelessness and find creative housing solutions. .02 At a minimum, the conversion must demonstrate the living units are of sufficient size and design to provide a quality living environment, and the project includes common recreation and community facilities such as,but not limited to, community rooms, community gardens, facilities for pets,barbeque areas, and active and passive recreation areas. .03 The evidence presented shows that the project site is reasonably accessible to necessary services, including grocery stores (ideally within one mile), transit stops (ideally within half mile), and medical facilities(ideally within one mile). .0602 Additional Approvals Required. The following shall be approved in substantial form concurrent with approval of the conditional use permit. Minor modifications may be approved administratively if they are deemed to be in substantial conformance: .01 Affordability Covenant pursuant to subsection 18.38.215.100. .02 Wrap Around Services Plan pursuant to subsection 18.38.215.110. .03 Marketing and Tenant Selection Plan pursuant to subsection 18.38.215.130. .04 Exterior Lighting Plan pursuant to subsection 18.38.215.160. .05 Facility Management Plan pursuant to subsection 18.38.215.170. .06 Parking Management Plan pursuant to subsection 18.38.215.180. .07 Communications Plan pursuant to subsection 18.38.190. .0603 Design Review. Applicants of proposed conversions for residential uses shall submit plans to the Planning and Building Department and Community and Economic Development Department for design review prior to Planning Commission review of a conditional use permit for the project. 13 ATTACHMENT NO. 2 .0604 Housing Authority Agreement. To ensure proper development and operation of Supportive Housing units in accordance with the purpose and intent of this section, all applicants of proposed residential conversions projects pursuant to this section shall enter into an written agreement with the City of Anaheim Housing Authority acknowledging the requirements of this section. A draft agreement in substantial form shall be required prior to approval of a conditional use permit. .01 Both Departments will review project design, and seek to ensure compatibility of the conversion project to the existing neighborhood scale and character, and a high level of livability for residents, consistent with the General Plan Community Design Element and the City of Anaheim Affordable Housing Development Residential Design Guidelines. .02 Both Departments will make a recommendation regarding project design to the Planning Commission, for consideration in connection with the Commission's decision on the conditional use permit. .070 Supportive Housing Units. As a condition of the approval of any conditional use permit to allow conversions of hotels, and other commercial and office structures, for residential uses, and prior to issuance of building permits for projects, the property owner(s) shall agree to the following: .0701 Small Projects. For projects with seventy(70) total units or less,the number of units dedicated as Supportive Housing(as defined in subdivision(b) of Section 50675.14 of the Health and Safety Code) shall be fifty percent(50%) or more of the total units and offered to persons with incomes of up to sixty percent(60%) of area median income. .0702 Large Projects. For projects with more than seventy(70)total units,the number of units dedicated as Supportive Housing(as defined in subdivision(b)of Section 50675.14 of the Health and Safety Code) shall be established and approved by the Community and Economic Development Department. .0703 Affordability Mix. The affordability targeting/mix for all projects shall be dictated by the affordable housing funding program requirements and approved by the Community and Economic Development Department pursuant to a written agreement and the affordability covenants required in subsection 18.38.215.100. .01 The term"Extremely Low Income Households," as used in this section shall mean households having an income not exceeding thirty percent (30%) of the median family income, adjusted for family size. .02 The term"Very Low Income Households,"as used in this section shall mean households having an income not exceeding fifty percent (50%) of the median family income, adjusted for family size. .03 The term"Low Income Households,"as used in this section shall mean households having an income not exceeding sixty percent(60%) of the median family income, adjusted for family size. 14 ATTACHMENT NO. 2 .080 Transitional Housing and Multiple-Family Housing. Conversions of motel, office and commercial structures to Transitional Housing and Multiple-Family Housing shall only be allowed when in conjunction with Supportive Housing in accordance Section 18.38.215.070. Projects with only Transitional Housing and/or Multiple-Family Housing without Supportive Housing shall be prohibited. .090 Maximum Rents. Affordable maximum rents shall be determined by the applicable affordable housing funding programs. To the extent of an inconsistency between or among the funding programs relating to affordable rent and other covenants or agreements applicable to the Project, the most restrictive covenants or agreement regarding the affordable rent for the housing units in the project shall prevail. .100 Affordability Covenants. The property owner(s) shall be required to execute and record affordability covenants with the City of Anaheim, agreeing to the requirements of this section. The covenants shall be acceptable to, and approved by, the Community and Economic Development Department and the City Attorney's Office, and shall include,but need not be limited to,the following provisions: .1001 Identification of the affordable units. .1002 The initial rent for each unit. .1003 The method of calculating periodic rental increases. .1004 A minimum term of thirty(30) years on the control of rent for the housing units or other specified term as may be required as a result of project funding. .1005 The right of the Community and Economic Development Department to supply, or otherwise approve, the qualifications of the low income households who will rent the housing units. .1006 Any density bonus for which a developer may otherwise apply pursuant to Section 65915 of the California Government Code shall not be pursued in combination with the provisions of Section 18.38.215. .110 Wrap-Around Supportive Services Plan. Any proposal for conversion of a structure to a residential use shall be required to ensure appropriate on-site provisions of Wrap-Around Supportive Services (as defined in 18.38.100.1001) for the residents. The plan shall be acceptable to, and approved by, the Community and Economic Development Department. .1101 The term"Wrap-Around Supportive Services" shall mean a holistic program of support services provided as an ancillary use to Transitional and Supportive Housing to stabilize an individual or a family. The services can be provided in a collaborative manner by a number of organizations and commonly include services related to mental health, counseling, medical care., drug rehabilitation, parenting,budgeting and life skills, and educational and job training. .1102 A minimum caseload of one(1) full-time employee per twenty(20)residents shall be provided. 15 ATTACHMENT NO. 2 .1103 Supervision by case managers shall be detailed as part of the project's operations plan and subject to the approval of the Community and Economic Development Department. .1104 The standards are a minimum level of services and additional hours of service and enhanced levels of service are encouraged beyond these requirements. .120 Anaheim Preference. Offering and maintaining an Anaheim preference is a priority for the City. The following provisions shall apply to projects for conversion to residential uses under Section 18.38.215: .1201 At a minimum, for the purposes of admissions into an affordable unit within a conversion project, an Anaheim preference shall apply to the greater of a proportionate share of housing units at the site when there is a combination of funding sources, such as County sponsored funds. .1202 When Anaheim funding is the only or primary source of gap funding, a live/work preference shall apply to all assisted units. An applicant may qualify for an Anaheim preference if they live or work in Anaheim at the time of application. .1203 For applicants who are homeless at the time of application, an Anaheim preference may be granted if the applicant can demonstrate a connection to Anaheim as outlined in admissions guidelines established for the Anaheim Housing Choice Voucher(HCV) Program. .1204 For the purposes of this section, the application process begins upon receipt of a referral to an open unit, which includes an imminent opening at the property that an applicant is considering. An applicant must be able to demonstrate an Anaheim connection in order to be eligible for a preference at the time of referral. .1205 The Anaheim preference shall be memorialized as part of the Affordability Covenant pursuant to section 18.38.215.100. .130 Marketing and Tenant Selection Plan. Applicants shall comply with an affirmative marketing plan approved by Community and Economic Development Department. The marketing plan shall include the following: .1301 Methods for informing the public and potential tenants about the federal fair housing laws. .1302 Procedures to inform and solicit applications from persons in the housing market area not likely to apply for tenancy at the housing units without special outreach. .1303 Recordkeeping methods that will permit the Community and Economic Development Department to evaluate the actions taken by the Property Manager to affirmatively market the housing units at the project. .1304 Specific procedures for marketing and releasing housing units shall be approved by the Community and Economic Development Department. 16 ATTACHMENT NO. 2 .140 Occupancy Limits. The maximum occupancy of the housing units in a project shall conform to the following provisions: .1401 For studio units, the maximum occupancy shall not exceed one (1) person. .1402 For one (1)bedroom units, the maximum occupancy shall not exceed three (3) persons. .1403 If needed, as a reasonable accommodation and subject to on-site management approval, one additional person may be allowed to be part of the household. The conditions for such expectations shall be further defined in the property's Marketing and Tenant Selection plan required by subsection 18.125.215.130. .150 Development Standards. The conversion of a structure to a residential use shall comply with the development standards in Table 38-A. Table 38-A: Development Standards Minimum Floor Area Studio units: 275 square feet One-bedroom units: 400 square feet Minimum Size of 200 square feet for each dwelling unit including indoor and Recreational-Leisure Areas outdoor common areas; a common kitchen/dining area shall be included as part of this requirement General storage cabinets with a minimum size of 100 cubic Storage Areas feet capacity shall be required for each dwelling unit, and may be provided adjacent to private recreational-leisure areas or located in close proximity to the unit Requires Parking Demand Study pursuant to paragraph Parking and Loading 18.42.040.010.0108 and a Parking Management Plan pursuant to subsection 18.38.215.180 .1501 Development standards related to the existing lots and building footprints, including lot width, structural setbacks, structural height, site coverage, and lot area, shall not apply. .1502 With the exception of 18.38.215.150.1501 and Table 38-A, all other development standards of the "C-G" General Commercial Zone shall apply. .1503 Applicants of conversion projects for existing structures shall not be required to bring said structures into conformance with the Zoning Code. New construction associated with a conversion projects shall be required to meet all applicable development standards of the "C- G" General Commercial Zone. .160 Exterior Lighting Plan. An exterior lighting plan shall be provided for the entire outdoor area of the site and shall be subject to review and approval by the Planning and Building and Police Departments. .170 Facility Management Plan. A facility management plan shall be submitted for review and approval by the Planning and Building Director, Community and Economic Development 17 ATTACHMENT NO. 2 Director and Police Chief, or their designee,prior to the operation of the residential use. The management plan may be required to address additional specific needs and shall remain active throughout the life of the use. The management plan shall include, at a minimum, the following: .1701 A detailed plan and strategy for the long term operation,maintenance, repair, security, social/supportive services,marketing of the project, method of selection of tenants, rules and regulations for tenants, and other rental and operational policies for the project. .1702 Measures regarding off-site controls to minimize the congregation of clients in the vicinity of the use. .1703 A system for monitoring of outdoor areas to minimize disruption to nearby land uses. .1704 A required on-site manager along with a detailed description of the manager's duties and responsibilities to ensure the proper and orderly operation of the facility in a manner that serves the needs of residents, staff, and service providers while minimizing potential impacts on surrounding uses. .180 Parking Management Plan. A parking management plan shall be provided for approval by the Planning and Building Director and shall include the following: .1801 Parking spaces shall be made available for tenants of the housing units, their guests and employees in accordance with the Municipal Code requirements and as stipulated in the approved parking management plan. .1802 The parking management plan shall include a map depicting open and reserved parking spaces, and procedures for removal of inoperable vehicles. .190 Communications Plan. A Communication and Outreach Plan shall be developed, subject to approval by the Community and Economic Development Director, to maintain good communication and response to operational issues which may arise from the neighborhood, City staff, or the general public. SECTION 3. SEVERABILITY. The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be invalid, it is the intent of the City Council that it would have adopted all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision,paragraph, sentence, clause or phrase had been declared invalid or unconstitutional. 18 ATTACHMENT NO. 2 SECTION 4. CERTIFICATION The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation,published and circulated in the City of Anaheim. SECTION 5. EFFECTIVE DATE This ordinance shall take effect and be in full force thirty(30)days from and after its final passage. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the day of , 2019, and thereafter passed and adopted at a regular meeting of said City Council held on the day of , 2019,by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ANAHEIM By: MAYOR OF THE CITY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 132205 LM 19 NEIGHBORHOOD IMPROVEMENT PROGRAM ADMINISTRATIVE MANAGERS COMMITTEE MEETING Tuesday, April 30, 2019 12:00pm City Hall, 5th Floor, Large Conference Room AGENDA 1. Welcome & Introductions 2. Anaheim First & the 2030 Neighborhood Investment Program 3. Neighborhood Improvement Fund a. Funds for neighborhood projects b. Input from Administrative Managers Committee 4. Neighborhood Happenings a. Center City Corridors b. GOALS in the ABC Neighborhood c. Other items from the group 5. Questions? Comments? 6. Other items Anaheim Bulletin PROOF OF PUBLICATION 2190 S.Towne Centre Place Suite 100 Anaheim, CA 92806 Legal No. 0011279563 714-796-2209 THURSDAY,JUNE 13,2019 SUMMARY PUBLICATION CITY OF ANAHEIM 5190168 ORDINANCE NO.6465 AN ORDINANCE OF THE CITY OF ANAHEIM AMEND- ANAHEIM,CITY OF/CLERKS OFF ING CHAPTERS 18.08 (COMMERCIAL ZONES), AND 200 S ANAHEIM BLVD STE 217 18.38 (SUPPLEMENTAL USE REGULATIONS) OF TI- ANAHEIM, CA 92805-3820 TI- TLE 18 (ZONING) OF THE ANAHEIM MUNICIPAL CODE TO FACILITATE THE CONVERSION OF EXIST- ING MOTEL AND OTHER COMMERCIAL AND OF- FICE STRUCTURES TO ALLOW MULTIPLE-FAMILY, TRANSITIONAL AND SUPPORTIVE HOUSING FOR LOW-INCOME PERSONS AND FINDING AND DETER- MINING THAT THIS ORDINANCE IS EXEMPT FROM FILE NO. CAO-# 32887 THE REQUIREMENTS TO PREPARE ADDITIONAL ENVIRONMENTAL DOCUMENTATION PER CALIFOR- AFFIDAVIT OF PUBLICATION NIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES,SECTION 15301(CLASS 1;EXISTING FA- CILITIES). STATE OF CALIFORNIA, SS. (ZONING CODE AMENDMENT NO.2019-00160) County of Orange (DEV2019-00031) This ordinance amends various provisions of Title 18(Zoning) of the Anaheim Municipal Code to facilitate the conversion of existing mo- tels and other commercial and office structures within the "C-G" I am a citizen of the United States and a resident of the General Commercial Zone to Multiple-Family, Transitional and Sup- portive Housing for low-income persons,subject to approval of a con- County aforesaid; I am over the age of eighteen years, and ditional use permit. not a party to or interested in the above-entitled matter. I am the principal clerk of the Anaheim Bulletin, a I,Theresa Bass,City Clerk of the City of Anaheim,do hereby certify that the foregoing is a summary of Ordinance No. 6465, which ordi- newspaper that has been adjudged to be a newspaper of nonce was introduced at a regular meeting of the City Council of the general circulation by the Superior Court of the County of City of Anaheim on the 14th day of May,2019 and was duly passed and adopted usaid Orange, State of California, on December 28, 1951, Case 2019 by theat a followreginglar rollmeeting call voteof of theCouncil members on thereof:the4thday of June, No. A-21021 in and for the City of Anaheim, County of Orange, State of California; that the notice, of which the AYES:Mayor Sidhu and Council Members Kring,Barnes, annexed is a true printed copy, has been published in Brandman,Faessel and O'Neil each regular and entire issue of said newspaper and not in NOES:None any supplement thereof on the following dates, to wit: ABSENT:Council Member Moreno 06/13/2019 ABSTAIN:None The above summary is a brief description of the subiect matter con- tained in the text of Ordinance No.6465,which has been prepared pur- suant to Section 512 of the Charter of the City of Anaheim. This sum- mary does not include or describe every provision of the ordinance and should not be relied on as a substitute for the full text of the ordi- I certify(or declare) under the penalty of perjury under the nonce. laws of the State of California that the foregoing is true To obtain a copy of the full text of the ordinance, please contact the and correct: Office of the City Clerk, (714)765-5166,between 8:00 AM and 5:00 PM, Monday through Friday. There is no charge for the copy. Executed at Anaheim, Orange County, California, on Published Anaheim Bulletin June 13,2019 11279563 Date: June 13, 2019. / t Oyi / Signature 1 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6465 and was published in the Anaheim Bulletin on the 13th day of June, 2019. CITY CLERK THE CITY OF ANAHEIM (SEAL)